Wiggins v. Armstrong
New York Court of Chancery
[ * 145 ] THE bill stated, that the defendant Doty, on the 24th of October, 1815, purchased of the plaintiffs goods to the value of 1,262 dollars and 55 cents, on a credit of six months, which sum was now due. That the defendant Doty, in 1815, gave the plaintiffs his note for 1,255 dollars, for other goods sold, and which note was due, and a balance thereon unpaid of 609 dollars and 18 cents.
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[ * 145 ] THE bill stated, that the defendant Doty, on the 24th of October, 1815, purchased of the plaintiffs goods to the value of 1,262 dollars and 55 cents, on a credit of six months, which sum was now due. That the defendant Doty, in 1815, gave the plaintiffs his note for 1,255 dollars, for other goods sold, and which note was due, and a balance thereon unpaid of 609 dollars and 18 cents. That W. and A. Green lately became endorsers of sundry notes for the defendants to 4.000 dollars, who, to secure them, in February last, executed to them a judgment bond for 4,000 dollars, on which a…
1Opinion of the Court
The Chancellor.
[ * 146 ]
This is the case of a creditor on simple contract, after an action commenced at law, and before judgment, seeking to control the disposition of the property of his debtor, under judgments, and executions, upon the ground of fraud. My first impression was in favor of the plaintiffs; but upon examination of the cases, I am satisfied that a creditor at large, and before judgment and execution, cannot be entitled to the interference which has been granted in this case. In Angell v. Draper, (1 Vern. 399.) and Shirley v. Watts, (3 Atk. 200.) it was held, that the creditor…
2Cited by44 opinions
- Grupo Mexicano De Desarrollo, S. A. v. Alliance Bond Fund, Inc.Supreme Court of the United States · 1999
- Scott v. NeelySupreme Court of the United States · 1891
- Quarl v. AbbettIndiana Supreme Court · 1885
- Lehman v. MeyerSupreme Court of Alabama · 1880
- Brinkerhoff v. BrownNew York Court of Chancery · 1820
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